Castle Doctrine Case in San Antonio- Closing Arguments

[ZX9RCAM]

Please post the paper when it is finished.

+1

 

[zembonez]

I imagine the prosecutors will try him again.

I am sure you are right.

 

[ZX9RCAM]

I missed that Sid already posted what I said, lol.......

 

[majormadmax]

TWI

True, I should have been a bit more specific in that I meant a lethal threat but there is no requirement that I know of that a person must prove it existed as long as a person reasonably believed it did.

And, of course, we have the now-famous Joe Horn casein which he received a 'no bill' from a Grand Jury' for shooting two men who were burgling his neighbor's home.

Cheers! M2

 

[majormadmax]

I don't think either the prosecution nor the defense should be able to talk about this, it appears the latter is trying to intimidate the next jury...

Murder defendant's lawyers target juror for contempt

Attorneys for Ray Lemes, whose murder trial was derailed when a member of his jury was found to have conducted outside legal research, said Thursday the errant juror should be held accountable — with a fine or a jail term, if necessary.

Lemes had been on trial for five days for the 2007 shooting death of a college student in the street in front of his home, and the jury had been deliberating for almost seven hours when the foreman sent a note to state District Judge Lori Valenzuela stating that one member had independently looked up the legal definitions of murder and manslaughter.

Judges always warn jurors before and during trials that outside research is prohibited. Defense attorney Michael Sawyer asked for a mistrial and Valenzuela granted it. Sawyer said the unidentified juror probably meant well and said he didn't expect that person to face any consequences. [Full story]

 

[txinvestigator]

TWI

True, I should have been a bit more specific in that I meant a lethal threat but there is no requirement that I know of that a person must prove it existed as long as a person reasonably believed it did.

Absloutely!

And, of course, we have the now-famous Joe Horn casein which he received a 'no bill' from a Grand Jury' for shooting two men who were burgling his neighbor's home.

Don't read too much into a no bill. All a no bill means is that the Grand Jury did not believe there was probable casue to try the person. It in no way implies that they believed he was justified. They MIGHT have thought he was, but we will just never know.

Cheers! M2

To you too, what's your poison?

 

[majormadmax]

To you too, what's your poison?

Double distilled schnapps from Germany, but it's very tough to get your hands on in this country. Berentzens is about the only kind I've been able to locate, when we lived there I used to get it from a local farmer. It's pure ambrosia of the finest form...

Cheers! M2

 

[matefrio]

SAN ANTONIO -- The trial of Ray Lemes, 52, a homeowner accused of shooting a suspected intruder to death, ended in a mistrial on Tuesday.The jury foreman told the judge that a fellow juror had looked up the legal definitions of "murder" and "manslaughter" and shared that information with her fellow jurors. That action violated the court's instructions concerning jury deliberations.And that forced 437th District Judge Lori Valenzuela to grant Leme's lawyers motion for a mistrial.

http://www.ksat.com/news/27152027/detail.html

 

[Mic]

Do the jurors have access to statutes and all applicable documents? Or is this part of the ......we'll tell you the law and all you do is determine facts?

 

[Acera]

Mic, you only get what they give you. The instructions to the jury are specific and you can't do any research on your own. They tell you exactly what law to consider, and how to consider it. It has to be introduced as evidence, and both sides agree what to send back if the jury requests information. You must have very well worded questions specific to what you have seen or heard in the court room, if you want the judge to give you additional information.

(I just went through a lot of similar stuff in a murder trial myself.................well not me, I was on the jury.)